Your children can be happy despite your separation
Avoid stress and let our expertise guide you out of a draining situation. We can assist you with an efficient and empathic approach.
Thanks to our broad experience in Family Law, we succeed in negotiating an out-of-court settlement in 90% of all our cases. Lessen your costs and solve your ongoing problems with the help of our expert group of lawyers 9 times out of 10.
Having handled more than 3000 Family Law cases, we will be able to assist you
In the event of a separation or a divorce
An important advantage of negotiation is that it opens the communication channels between the parents, even if it is done through their lawyers.
These discussions often enable the parties to reflect on the circumstances in which they find themselves and permit them to find a way to defuse tensions instead of exacerbating the situation.
These may include custody of children, access rights, alimony, divorce issues, debts, separation, furnitures, your respective pension plans and/or the sale of your home.
Consult your lawyer, he will help you make better decisions based on your current situation.
We’re all human and family disputes are often emotional times. When confronted with this type of situation, we find it difficult to see the entire picture.
In meeting with us, you can be assured that someone is listening to what you have to say and, moreover, someone who can give you impartial advice, free from negative emotions.
That is what the law provides for. The critical issue is not to advantage either the father or the mother, but mainly to establish what is in the best interest of the children involved.
Sometimes, this may mean that it is not necessarily what one of the parents would like.
My purpose in choosing to become a lawyer was to help others. When I was a teenager, I was a lifeguard; this again was my way of helping people in difficulty. This need of mine to help others has always been a concern to me and this wonderful profession allows me to do just that, on a daily basis.
Mr Sylvain Lemyre, lawyer
Guide you through a draining situation
Several questions can arise during a separation and divorce.
- Asset sharing (house, car, pension plan, properties and furniture, etc.)
- Debt sharing (credit cards, lines of credit, mortgages, etc.)
- Child care
- Alimony for ex-spouses
- Alimony for the children
A divorce is very similar to a separation, with the difference that there is a pre-requisite and an additional consequence:
The additional consequence is the dissolution of the conjugal bond.
If a married couple goes through a separation, they are still legally married and it could have some consequences, as for example:
- Neither one of the parties can remarry.
- If one or the other dies and does not have a will, part of his or her belongings will go to the other party, even if it has been 20 years since you last saw him or her.
However, unlike a separation, it is not everybody that can obtain a divorce. The Divorce Act stipulates that, in order to have the right to divorce, one the 3 following conditions must be met:
- Proof of adultery.
- Proof that there were physical or mental cruelty.
- Proof that a year has elapsed since the separation.
The goal is to prevent the trivialisation of the marriage institution. If there has been no violence and no adultery, the parties may immediately separate and take the year to think whether they would like to resume their life together. If this is not the case, then the parties may request a divorce.
To settle this type of dispute, it is often more efficient and less costly to get in touch with a lawyer.
Did you know? Our success rate in this type of case is over 90%. In other words, we are able to obtain what our clients want without ever going to court. This then lowers delays, stress levels, and lawyer fees.
First of all, it must be determined that the client really wishes to end his relation with his spouse and that it is not a decision made on the spur of the moment.
These are always very difficult situations for the parents and their children, and we must be 100% sure that this is what they really want to do. . Then, we must choose the right professional, for example a mediator or counselor, to intervene in the matter at hand.
We can also suggest group therapy in order to save the relationship. If the person has already tried this path and he or she really wants to end the relationship, then we must decide on what approach must be taken. In fact, if the two parties are still able to speak to one another but do not love each other anymore, then the best approach is to get in touch with a mediator.
What is the role of a mediator? The mediator is not a referee and he will not make a decision for the couple. His role is to optimize the communication between the two parties.
In general, the success rate of this approach is very high. However, it only works if two conditions are met:
- This implies that both parties will get involved in the process in good faith.
- It also implies that the couple is not in a relationship where the one of them has control over the other. In such cases, this could result in a favourable settlement for the dominant person. It may seem that everyone will agree, but the dominant party will get much more that the law would have attributed to him or her had the dispute been legally enforced.
It should be noted that a couple with children who consults a mediator is entitled to six sessions covered by the Quebec government.
Towards the end of the mediation process, when there has been a draft agreement ready that satisfies both parties, it is important to ask for a copy and to consult a lawyer.
Your lawyer will review the agreement with the parties involved and will have the freedom to provide you complete legal information.
The role of your lawyer is to look after your interests, unlike the mediator who has a neutral role.
Having handled more than 3000 Family Law cases, we are familiar with most mediators in Outaouais.
Contact us, we will be happy to suggest the appropriate mediators for your situation.